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Anup1122

457 visa that comes under godfathering arrangements

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Hi there, I have 2 years 457 visa which comes under godfathering arrangements but I exactly have 2 years visa so how can I apply my PR. Can I apply PR before my visa expires or I can't apply or I have to apply some others visa. Can somebody please let me know how this godfathering arrangements works, if someone have exactly 2 years visa.

 

Thanks

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Hi Anup,

If you held a 457 visa before 18 April 2017 and worked for your employer for 24 months (paid work only-no unpaid leave)  you should be eligible to apply for the 186 TRT stream with the same employer.

I assume your 457 was granted for 4 years so you can apply for the 186 TRT once you are eligible without the need to wait for the 457 visa to expire.

If you need help yo apply for the 186 TRT visa you are welcome to contact me.

Moran Shultz

Registered Migration Agent 1795282

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I have granted only two years visa but my visa was held before April 2017. I haven't taken any unpaid holidays. My visa exactly expires the day when I complete my 2 years time period of work.

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Maybe your employer only applied for a two year visa for you.  They dont have to do 4 years, thats the maximum, check with them.

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As always you should get professional advice but, 

my opinion is 

Do Not apply early, you won’t meet the 2 year rule and visa will be refused 

Do not apply late, you won’t have a visa and it will be refused 

Do not apply for another visa as it will void the grandfathering rights when granted (unless you want a different visa) 

I think you have no option but to lodge your TRT Nomination & application  on the last day of your current 457 visa.. Risky Business tho 

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On 04/03/2019 at 17:00, Anup1122 said:

 

Hi there, I have 2 years 457 visa which comes under godfathering arrangements but I exactly have 2 years visa so how can I apply my PR. Can I apply PR before my visa expires or I can't apply or I have to apply some others visa. Can somebody please let me know how this godfathering arrangements works, if someone have exactly 2 years visa.

 

On 06/03/2019 at 15:38, Anup1122 said:

I have granted only two years visa but my visa was held before April 2017. I haven't taken any unpaid holidays. My visa exactly expires the day when I complete my 2 years time period of work.

I assume that your occupation was on the short term list and that is why it was only granted for 2 years.

You may be able to meet the 2 year requirement on the last day of your visa, depending on a number of factors such as what time your were granted your 457, periods of unpaid leave, etc. Even if you do make it, it is a very risky move. For example, if the online system is down for maintenance on the last day of your visa and you are unable to lodge, you will become unlawful.

Safest option would be for the company to sponsor you for a 482 in the same position and then lodge the 186 when you safely have 2 years of employment. 

Grandfathering arrangements would still apply if you are granted a 482.

 


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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YES YOU can apply EARLY

There is a 23 months concession rule for cases like yours...inquire about it with your lawyer..

They allow renewal or application eveb for 23 months specially for expiring visa

Please see this article

https://hammondtaylor.com.au/permanent-residency-concessions-for-grandfathered-457-visa-holders/ 

 

Goodluck

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Hy anup

i do have a same situation like yours 

can you please tell me what you did in that situation whether you apply for pr or you exntend the  Visa , 

can you please let me know

thanks 

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